Jul. 24, 2013

Dave Ware, left, and Johnny DuPree

As of noon Wednesday, opening arguments were completed, and the first witness was called and questioned by attorneys for Dave Ware and Johnny DuPree.

Opening statements from Ware attorney Malcolm Jones centered around a "complete breakdown" of the election process, allowing illegal ballots to be counted and wrongly naming DuPree the winner in the June 4 general election.

Jones said jurors must take into account legal and illegal ballots to arrive at a final count of only legal votes.

"Are you, the jury, going to be asked to decide who is the best man to lead Hattiesburg?" Jones said. "No, that decision has been made. You decide which of these men received the most legal votes."

Brandon Jones, attorney for DuPree countered claims of wrongful ballots and poorly trained poll workers and managers hamstringing the election. Jones said Ware and his team is crying foul over normal technical oversights in every election and using those to reverse an election decision they do not like

"Dave Ware and his attorneys are trying to tell you the signatures and checks on the outside of a ballot are more important than the ballot itself," Jones said in opening statements.

First called witness, Forrest County Detention Center Administrator Capt. Donnell Brannon, testified about inmate voting at the jail. During testimony, Brannon indicated Johniece DuPree and Tanya Fairley came to the jail in May to get absentee ballots to inmates.